The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the statement of the victim, etc., the facts charged in the instant case where the defendant committed an indecent act on the part of the victim in the subway 2 electric trains, but the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts.

2. The lower court found the Defendant not guilty on the ground that it is difficult to prove that there is no reasonable doubt as to the Defendant’s indecent act against the victim as stated in the facts charged, and that the evidence alone submitted by the prosecutor alone is insufficient to prove that the Defendant committed an indecent act against the victim.

In a thorough examination of the evidence of this case in light of the records, the above determination by the court below is just and it does not seem that there was an error of mistake of facts as pointed out by the prosecutor in the judgment below.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.